The grounds for retrial under Article 451(1)9 of the Civil Procedure Act are dismissed among the lawsuits for retrial of this case.

1. The following facts are remarkable or obvious in records in this court:

The Plaintiff filed a lawsuit against the Defendant in this Court No. 2017da526172, and the dismissal judgment was rendered on July 19, 2018, and the judgment of dismissal was also rendered on January 25, 2019 in this Court No. 2018Na49477, which was the appellate court.

B. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, filed a final appeal with Supreme Court Decision 2019Da217483, but on May 30, 2019, the said final appeal was dismissed as a result of the hearing. On June 7, 2019, the Supreme Court’s judgment was served on the Plaintiff who was the appellant on June 7, 2019, and became effective (see Articles 5(2) and (1) and 4 of the Act on Special Cases Concerning the Procedure for Final Trials).

C. On December 17, 2019, the Plaintiff filed a lawsuit for reexamination of the instant case.

2. Plaintiff’s assertion and determination on grounds for retrial

A. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act (hereinafter “the grounds for retrial”) added to the Plaintiff’s statement on June 28, 2018 as to the statement of pleading from June 1, 2018 by the first instance court, stating that “the Defendant would no longer speak.” This is deemed to be a confession. However, the dismissal judgment was rendered, and accordingly, the judgment of dismissal was rendered by omitting the judgment on important matters affecting the judgment. Accordingly, the judgment subject to retrial has grounds for retrial under Article 451(1)9 of the Civil Procedure Act (Article 451(1) of the Civil Procedure Act) provides that the proviso to Article 451(1) of the Civil Procedure Act provides that “when a party claims the grounds by an appeal, or fails to assert it,” the judgment of the court below that became final and conclusive by the grounds for appeal, and if the judgment of the court below was omitted, the judgment of the court below cannot be brought.